Kenosha County Social Work Professional Employees Employed in
Brookside, Aging and
Social Services Departments, Local 990 AFSCME, AFL-CIO, herein referred to as the
"Union," and
Kenosha County, herein referred to as the "Employer," jointly selected the undersigned from
a panel
of arbitrators from the staff of the Wisconsin Employment Relations Commission to serve as
the
impartial arbitrator to hear and decide the dispute specified below. The arbitrator held a
hearing in
Kenosha, Wisconsin, on January 28, 2010. The parties agreed to bifurcate the hearing and
to have
the timeliness issue heard first. The parties further agreed after hearing on that issue to oral
argument and to have the arbitrator render a bench decision on that issue supplemented by a
summary award without rationale. I made a bench ruling that the grievance was not timely
processed to the fourth step of the grievance procedure.

ISSUES

The parties agreed to the following statement of the issues:

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1. Was the grievance timely processed to the fourth step of the
grievance
procedure?

2. If so, did the Employer violate the terms of the collective
bargaining
agreement when it failed to award the vacant victim-witness position to the
Grievant?

3. If so, what is the appropriate remedy?

AWARD

That the grievance filed herein was not timely processed to step 4 and, therefore, is
dismissed.